Research On Educational Administrative Litigation Of Institution Of Higher Education

In the paper, after analyzing many administrative lawsuits which students sues their colleges and universities , discovering and summarizing the legal issues, mainly there are ,the legal localization of institutions of higher education, the legal relations between the universities and students ,and the students who are at the weak station how to carry on the relief when the disputes between them has happened. But the existing mechanisms of settlement of disputes (to appeal for help, appeals, reconsiders, lawsuits) are incapable of coping educational disputes which increases day by day in universities, therefore, perfecting the educational administrative litigation in institutions of higher education gain its inevitability and necessity. Then it analyze the gaps and omissions of the educational administrative litigation system on the present legal rule , including the warp of current law on the nature of institutions of higher education and legal localization, the limitation of administrative litigation law on scope of accepting cases. Accordingly, there are many theory disputes on the administrative litigations which judging the educational disputes: the different views of management action in colleges and universities may sue or cannot be sued, theory responses for institutions of higher education cite as"the authorizing organizations by laws and regulations"in the judicial practice. But in colleges and universities of our country, educational administrative litigation first obtained the breakthrough in the judicial practice, in the follow, lots of courts make many remedy determinations during judging lawsuit. Moreover the introduction of the theory of official business legal entity in continental law system and the revised theory of special authority relations provide theory support for this administrative litigation system which established in judicial practice. The demonstration of the public administration of university's management actions provides foundation for the application of administrative litigation. After the above analysis, through the scope limits of administrative litigation, the examination intensity assurance and respecting the autonomy of colleges and universities, and system linking-up so on several aspects carrying on to perfect the educational administrative litigation mechanism in institutions of higher education.